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154 '. <br />MINUTES OF THE SPECIAL MEETING OF THE <br />EDINA CITY COUNCIL HELD AT CITY HALL ON <br />APRIL 24, 1978 <br />4:30 P.M. <br />I. <br />Due notice having been given; Council convened in the City Hall Conference Room. <br />Answering rollcall were members Courtney, Richards, Schmidt, Shaw, Van Valkenburg. <br />Present also were nine members of the Community Development and Planning Commission. <br />ORDINANCE NO. 811-All5 DISCUSSED. Council and the Commission informally discussed <br />Ordinance No. 811-All5 which was granted First Reading on April 17, 1978, which <br />ordinance proposes to revise Planned Residential District requirements. <br />Hughes advised that the-proposed ordinance also calls for a 4/5 favorable rollcall <br />vote by the Council for each reading of a zoning ordinance. <br />means which could be used to reduce red tape for proponents of Planning proposals. <br />The Mayor urged all members to make any recommendations that might help. <br />I Mr. <br />Also discussed were <br />FOUNTAINWOODS APARTMENTS AGREEMENT REACHED. Mr. Erickson advised Council that <br />the owners of Fountainwoods Apartments had agreed to remove the model apartment <br />. from their grounds bv 1982 but haye proposed-to pay the City $200, rather than <br />the $250 per month as originally requested by the City. It was also clarified <br />that the City would not receive any payments for months when the property is <br />not rezzted; <br />its adoption' <br />TJEIEl?EAS, the actions brought by First Wisconsin.Nationa1 Bank of Milwaukee <br />("First Wisconsin") against the City of Edina and the Edina City Council, being <br />Hemepin County District Court Cases No. M-731139, TJ-731140, and W-731141, relat- <br />ing to removal of a one-story brick building (the "Building") on Outlot C, <br />Walnut Ridge Third Addition, are now proposed to be settled and dismissed by . stipulation and with prejudice and without costs to any party, with all rights <br />. of appeal waived, with First Wisconsin to pay for the filing of record of a . <br />- -.Declaration and Agreement in which agreement is made for'certain payment to the <br />City, the removal of the Building on or before midnight of December 31, 1982, and <br />for restoration and landscaping all areas disturbed by such removal consist-ent <br />with the then contour of, and landscapirrg on, the property and in a manner <br />reasonably satisfactory to the Planning Department of the City and with City <br />of Edina agreeing in said stipulation to the terms of this Resolution; and <br />IJEEICEAS, such settlement is acceptable to the City and the City Council. <br />NOW, THEREFORE, IT IS HEREBY RESOLVED that the above listed lawsuits be settled <br />.m the above terms and conditions, and the Mayor and Manager are authorized and <br />directed to enter into a stipulation so settling said lawsuits and providing for <br />the filing of such a Declaration and Agreement, and are further authorized and <br />directed to execute and deliver such a Declaration and Agreement. <br />BE IT FURTHER RESOLVED, as consideration for and as a part of such settlement, <br />that the Building shzll be allowed to renain in its present location, and to be <br />used as a dwelling at such location, until December 31, 1982, unless prior <br />thereto said Building is lawfully ordered, removed, or the use thereof is law- <br />fully stopped, pursuaat to applicable codes, ordinances, or statutes, other <br />than the zoning statutes and the zoning ordinance of the City, by reason of <br />changes in the nature or condition of the Building hereafter occurring; that <br />once the Building is removed, and the other agreements as set out in the recorded <br />Declaration and Agreement are fulfilled, all pursuant to such Declaration and <br />Agreement, <br />certificate in recordable form, reciting that the obligations imposed by said <br />Declaration and Agreement have been fully performed. This.resolution shall not become effective until, and shall becoae immediately <br />upon, the execution by the City and First Wisconsin of the stipulation settling <br />said lawsuits as set forth above. <br />Motion for adoption of the resolution was seconded by Councilman Shaw. <br />Councilman Courtney then offered the following resolution and moved <br />RESOLUTION <br />.<. <br />and upon written request, the City shall execute and deliver a <br />Rollcall : <br />Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg <br />Nays: None <br />Resolution adopted. <br />SK;'l"AI' AGREEiGNT FOB PARKIXG iGEiP APPROVED. <br />proposed agreement between the City of Edina and the owners of the Red Barn, as <br />recommended by the H.R.A. and the City Manager. <br />the following resolution and moved its adoption: <br />Discussion was held concerning the <br />Councilman Richards then offered <br />RESOLUTION APPROVING SKYWAY AGREEMENT FOR <br />PARKING RAMP <br />BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and <br />Manager to execute the Skyway Agreement €or development of the Red Barn property